Fire Safety Code, Rhode Island

Decisions - Details

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DECISION
FILE NO.: 010198
LOCATION OF PREMISES: 2214 Providence Pike
APPLICANT: North Smithfield School Dept. 450 Greenville Road North Smithfield, RI 02896
USE OR OCCUPANCY: Educational
DATE OF DECISION: 2003-01-28
The above captioned case was scheduled for hearing on August 2l, 2001 at l:30 
p.m.  At that time a subcommittee of the Board reviewed the Applicant’s request.  The Subcommittee’s Recommendation was subsequently approved during an August 28, 2001 full hearing of the Board.  At that time, Chairman Farrell and Commissioners Coutu, Evans, Filippi, Wahlberg, O’Connell and Burlingame were present.  .  A motion was made by Commissioner Coutu and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
	
During the August 2l, 2001 hearing on this matter, the Board was advised and finds that the Applicant is in the process of renovating this school.  The Board was further advised and finds that during the course of renovations, two (2) classrooms within this facility will need to have their egress routes relocated.  The Primrose Fire Marshal appeared and advised the Board that there would be amble egress from this facility and that he had no objection to a time variance allowing for this condition to exist until completion of the work on or before December 2l, 2001.  It is the understanding of the Board that all other fire code deficiencies have been corrected.

	Any deficiency, understood by the Board, to have been corrected which is not so corrected shall be immediately corrected by the Applicant.  The term approved as used 
herein is defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a time variance in order to allow the Applicant to reroute the egress of two (2) classrooms within this facility during the period of construction.  Specifically, the Applicant shall be allowed to maintain this situation until the completion of construction on or before December 21, 2001.

This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicant’s timely and continued compliance with all of the directives of the Board.  Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.

Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  In the event of complete, timely and continued compliance with the full Decision of the Board, the above-cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s Decision, shall void all variances granted under the above-cited use or occupancy.  If such changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.

	The Applicant may appeal the Board’s Decision within thirty (30) days of the mailing date of this Decision, by requesting to be reheard before a quorum of the full Board.  Commencement of such an action does not operate as an automatic stay of this Decision.  [RIGL 42-35-l5(c)]
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